Leaving MNC while serving 40 days of notice period instead of 90 days.
9 months ago
I have been part of MNC for the past 2 years and now I am willing to pursue higher education. I can only serve a notice period of 40 days instead of 90 days through my leaves and attending office. I was expecting company to negotiate and waive off the rest days but they are asking to pay me buy out fees. I want to leave company with no legal actions on me what are the options if I am not paying the buy out fees. Is it necessary or mandatory to pay buyout if reason is not genuine?
A.Dear Client,
In the absence of any such condition of the buyout of the balance notice period in the contract of employment for releasing an employee earlier before the notice period, an employer cannot take the opportunity and apply that condition based on the necessity of an employee who tendered his resignation requesting early release considering the deadline of admission for higher studies. Such a twist on the part of the employer may be termed as unfair labour practice. In the prevailing situation, the employer should release you earlier treating the unserved days of notice period as without pay following the principle of natural justice. However, if the employer appears to be adamant about their proposal, you may bring the matter to the notice concerned Labour Commissioner for an amicable resolution in the matter.
In the absence of any such condition of the buyout of the balance notice period in the contract of employment for releasing an employee earlier before the notice period, an employer cannot take the opportunity and apply that condition based on the necessity of an employee who tendered his resignation requesting early release considering the deadline of admission for higher studies. Such a twist on the part of the employer may be termed as unfair labour practice. In the prevailing situation, the employer should release you earlier treating the unserved days of notice period as without pay following the principle of natural justice. However, if the employer appears to be adamant about their proposal, you may bring the matter to the notice concerned Labour Commissioner for an amicable resolution in the matter.
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A.Dear client,
In many cases, employment contracts include clauses regarding the notice period required for resignation or termination. If your employment contract specifies a notice period of 90 days and you wish to leave earlier, you may need to negotiate with your employer for an early release.
If your company is asking you to pay a buyout fee to waive off the remaining days of the notice period, this may be a common practice in some organizations. However, whether it is necessary or mandatory to pay the buyout fee depends on the specific terms of your employment contract and local labor laws.
Here are some options you could consider:
Negotiate with the company: You can try to negotiate with your employer to waive off the remaining notice period or come to a mutually acceptable agreement. Explain your situation and the reasons for leaving early, such as pursuing higher education.
Review your contract: Carefully review your employment contract to understand the terms and conditions regarding the notice period, early termination, and any associated fees or penalties.
Consult with HR or legal: Reach out to your company's HR department or seek legal advice to understand your rights and obligations under your employment contract and local labor laws.
Offer alternatives: You may suggest alternative solutions to the company, such as helping with the transition, training a replacement, or working extra hours during your notice period to compensate for the reduced duration.
Obtain a no-objection certificate: If your employer agrees to your early release, ask for a no-objection certificate (NOC) stating that they have no objections to your early departure.
In many cases, employment contracts include clauses regarding the notice period required for resignation or termination. If your employment contract specifies a notice period of 90 days and you wish to leave earlier, you may need to negotiate with your employer for an early release.
If your company is asking you to pay a buyout fee to waive off the remaining days of the notice period, this may be a common practice in some organizations. However, whether it is necessary or mandatory to pay the buyout fee depends on the specific terms of your employment contract and local labor laws.
Here are some options you could consider:
Negotiate with the company: You can try to negotiate with your employer to waive off the remaining notice period or come to a mutually acceptable agreement. Explain your situation and the reasons for leaving early, such as pursuing higher education.
Review your contract: Carefully review your employment contract to understand the terms and conditions regarding the notice period, early termination, and any associated fees or penalties.
Consult with HR or legal: Reach out to your company's HR department or seek legal advice to understand your rights and obligations under your employment contract and local labor laws.
Offer alternatives: You may suggest alternative solutions to the company, such as helping with the transition, training a replacement, or working extra hours during your notice period to compensate for the reduced duration.
Obtain a no-objection certificate: If your employer agrees to your early release, ask for a no-objection certificate (NOC) stating that they have no objections to your early departure.
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